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![handle is hein.slavery/ussccases0399 and id is 1 raw text is: Dec. 1867.]
GAINES V. DE LA ORIX.
Statement of the case.
NOTE.
At the same time with the preceding case of Gaines v.
Nye Orleans, was decided another appeal in equity, from the
same circuit with it, and depending in the main upon the
same issues; the difference between the two cases being, that
in the last case the controversy concerned the sale of slaves
belonging to the succession of Clark, while in Gaines v.
New Orleans it related to real estate. The case just named
must be read in order to understand the one now reported,
of an adjectitious character.
GAINES V. DE LA CROIX.
1. As the law stood in Louisiana, in October, 1813, testamentary executors
could only sell at public auction after due advertisement of the property;
and the purchaser at a forced sale did not acquire a good title, unless
the formalities prescribed by law for the alienation of property were
observed.
2. A purchaser of property from an executor of a will of one date, who has
at the time strong reasons to believe, and had recently declared solemnly
that he did believe that a later will with different executors and differ-
ent dispositions of property had been made, is not protected from liabil-
ity to the parties interested under such later will, if established and
received to probate, by the fact that the executor of the first will made
the sale under order of court having jurisdiction of such things. He pur-
chases at the risk of the later will's being found, or proved and estab-
lished.
3. If the later will is found, it relates back as against such a purchaser, and
affects him with notice of its existence and contents as of the time when
he purchased.
4. Facts stated which affect such a purchaser with notice.
As we have mentioned in the preceding case, Daniel Clark
died on the 16th day of August, 1813, and his last will not being
fbund, letters testamentary on the will of 1811 were granted to
Richard Relf, who remained sole executor until 21st of January,
1814, when Beverly Chew was included in the trust. Do la
Croix made two purchases of slaves of Reif while thus acting as
sole executor. The first purchase was on the 16th of October,
1813. and the last on the 11th of December, 1813](ViewImageLocal?handle=hein.slavery/ussccases0399&div=1&collection=&method=preview&ext=.png&size=3)